If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

It is clear from the portion of the recorded conversation which has been distributed to the press that Councilman Hart was upset with City Attorney Hays for the manner in which City Attorney Hays was targeting Neosho citizens for minor, harmless activities such as driving a riding lawn mower or tractor on a city street without a driver's license. Councilman Hart deeply regrets the manner in which he expressed his frustrations to City Attorney Hays, but firmly believes such activity is not illegal and the city's limited law enforcement resources should be put to better use.

More importantly, it seems improper for City Attorney Steve Hays to secretly record conversations about city legal issues between himself and his client, Councilman Hart, and then duplicate only a portion of the conversation and allow it to be distributed to third parties, including the press. It is apparent that Attorney Hays released this partial recording of their confidential conversation for the purpose of doing harm to his own client, Councilman Hart. The Missouri Supreme Court has ethical rules governing the conduct of Missouri attorneys that take a dim view of this sort of conduct. Finally, what justification does City Attorney Hays claim for releasing this partial recording now, when he didn't see fit to release it when the conversation occurred more than a year ago?

Tuesday’s Neosho City Council meeting began with controversy and ended with controversy.

Former councilwoman Heather Bowers opened the meeting in visitors business by announcing she would be bringing an ethics complaint against Mayor Richard Davidson and city attorney Steven Hays for their actions in removing her from the council in 2011.

“When I was removed there was no ordinance to remove me, no council action,” claimed Bowers. “Steve Hays, our city attorney, sent the email at the direction of Mayor Davidson alone and no one else.”

While providing a poster board presentation to those in attendance, Bowers asserted that emails she received through a public information request document no communication with the council about her removal, on the morning after she missed her third consecutive council meeting.

She also claimed there is no documentation for the services of attorney Duane Cooper, hired by the Davidson and Hays for the city that week.

“I am told that as of last Friday, that they have no financial records, that he did it pro bono, but they have no contact with him, it’s like he showed up out of thin air,” she said. “I would like the council to investigate that.”

Bowers added that she had given Davidson 15 minutes notice prior to missing some of the meeting, though that information was not provided to the council. She said his interference violates the Charter, and asked council to look at that and then act.

“Because back then, Hays and Davidson were the judge of the qualifications and the grounds for my forfeiture of office, not the actual council,” she said.

Bowers also charged that the mayor gave email directives to other council members regarding the proposed TIF and the TDD, amounting to public meetings behind everyone’s back.

By being removed from office at 5 p.m. on that April 6, Bowers said she was precluded from attended the state audit meeting at 6 p.m. for an audit that she had initiated.

As Bowers began to address Facebook postings, she was apprised that she had doubled her allotted five minutes, to which she responded, “I’ll be back to discuss this.”

Following the meeting, Davidson responded that he was unable to see the presentation to the gallery, and is not in full understanding of the allegations. He argued with Bowers’ assessment that he removed her from office, or that her removal was improper.

“If you miss three meetings in a row, the charter says, quote, ‘Shall be removed.’ It doesn’t say, ‘Go to the council,’ it doesn’t say, ‘Get a vote of the council.’”

Page 2 of 2 - Regarding the hiring of the attorney Cooper, who presided over Bower’s hearing, Davidson advised, “If you go back and look at the minutes from April 2011 of that meeting, the council voted to hire Mr. Cooper to preside. The council also then voted on whether or not to excuse her absences, and they voted not to excuse her absences.

“So Mr. Cooper came on with the consent of council, the council did address her absence and voted not to excuse it, and the charter language at that point said, ‘Shall be removed.’ As far as directing Mr. Hays to send a letter, that doesn’t come from me. Mr. Hays acted based on the charter and that’s what he did, and three years later those questions come up, that’s what happened.”

Davidson stated that the city remains committed to doing things the right way.

“Following the law to the ‘T’, treating every citizen the same way regardless of your last name, your occupation or your position, and we will continue to move the city forward with what we have to do to make Neosho a better place to live, work and raise a family,” he said.

At the close of the meeting, city clerk Nora Houdyshell’s request for council to approve paying her legal fees to defend against a lawsuit filed against her for doing her job brought some heated discussion. Houdyshell’s request for approval to revise open records policy and to provide direction for current Sunshine Law requests also developed into extended debate. Those issues, and the others to come before council Tuesday, will be forthcoming in the Neosho Daily News.

Except for some uncommon compliments directed to the council, Tuesday’s Neosho City Council meeting was book-ended by harsh criticism of two council members.

Visitors’ business opened the meeting as citizen Doug Skaggs praised the city for the well-kept condition of Morse Park

“I’ve never seen it looking any better,” claimed Skaggs, who observed that many people are utilizing the park to play soccer, baseball basketball, fishing, picnicking and more. “The street work that’s been done this year looks to me the best I’ve ever seen it, the paving and everything.”

Citizen Gene Franklin was not complimentary to councilmen Steve Hart and David Ruth, saying that he is saddened to see them sue the city.

“Especially after all the comments and discussions we had over the cost to the city of the TDD (Transportation Development District) litigation, that’s kind of hypocritical, I think,” said Franklin.

“I think the city is looking good, but we don’t need a side show. We need to work together, and now we have an agenda by two council persons that’s not really helping their constituents.”

Franklin read a letter to the editor published in Sunday’s Neosho Daily News by Sue Manz that was highly critical of the two councilmen and concluded that they should resign if they are not going to represent the people of the community.

Franklin noted that Mayor Richard Davidson has taken a lot of heat, and he is happy that Davidson has had that position during this time.

“I just cannot believe that we are at this point in our city where we have this rift among five council members, with two of them wanting to sue the city,” he said. “I see no real good outcome in this, and I hope they lose.”

At the conclusion of the reports of city officers to close out the meeting, councilman Charles Collinsworth provided a councilman’s report, which unfolded much like visitor’s business comments at the outset of the meeting.

Collinsworth at first commended the council, saying he had enjoyed being on the council for a couple of years.

“We’ve made some tough decisions, and we have brought the city back from the brink,” he said.

Collinsworth noted that he appreciates the dissent, as council members did not always agree on things.

“Here lately, it’s just been embarrassing. Guys, we’re better than this. The Neosho people expect more of us as a representative body.” Collingsworth voiced, “I hope that we put you out of business, Mr. Copeland,” alluding to Joplin attorney Bruce Copeland.

Page 2 of 4 - Copeland, who represented both Hart and Ruth in a now-defunct ethics investigation against the pair, later filed suit against the city and clerk Nora Houdyshell, demanding that some of over 6,000 pages in documents requested under the Sunshine Law were not turned over to him.

Copeland also represents Hart in a suit he filed naming city attorney Steven Hays and Mayor Davidson for a secretly recorded conversation between Hart and Hays that was released under a Sunshine request, and he represents Ruth in another suit filed that names the city, Hays, Davidson, Houdyshell and city manager Troy Royer as defendants, claiming he has not received documents through a Sunshine request.

“I hope the lawsuits will end,” Collinsworth said. “I know there is a third party beyond David Ruth and Steve Hart that is keeping this legal fiasco going, and I think that those are the questions people ought to ask. Who keeps stirring the pot? Who is assisting with all of this legal fiasco? They certainly can’t have the best interests of Neosho at heart.”

Collinsworth claimed that public records provide evidence that there were implications on election night in April when Collinsworth was re-elected over Heather Bowers – who was backed by Hart and Ruth – that Neosho was headed for a tough year.

He said text messages that night from Ruth to Hays indicated that the city was going to see some lengthy depositions.

“And we have, so I would not say that’s been an empty threat. And he alluded to the fact that it had just begun.” Collinsworth demanded, “Well I’d like to know when it’s going to end.”

He said the taxpayer deserves better, and defended the actions of both Houdyshell and Royer in doing their jobs. Collinsworth said he has not seen any special information that Hays and Davidson have been rumored to have, and doesn’t believe councilman Tom Workman, the other council member not named in any suits, has either.

“I’ve heard all this talk about conspiracy and all this nonsense, I don’t believe our mayor or our city attorney withheld any information from us,” Collinsworth said.

Directing his attention to Hart and Ruth, Collinsworth said, “Gentlemen, I would want this to end. I’m encouraging you to end it. It’s going nowhere, other than costing taxpayers a whole lot of money. At the end of the day, unless your intent is to harm the city or to drag more people through the mud, I don’t think you’ll accomplish anything, so I would ask you to stop it. And I know that a number of citizens feel the same way I do.”

Page 3 of 4 - Ruth countered that he assumed his text messages to the city attorney were privileged attorney-client communications

“And it had to do with ethics charges,” Ruth said. “I found out that day that ethics charges were going to be filed against me, and that’s what that conversation was about. I assumed since it was with legal counsel that that was a private conversation.”

Ruth explained that all council members were polled at the previous council meeting about giving information to other council members that they were legally entitled to. He had requested information, and said the lawsuit was filed to try to get the information that was never turned over.

Ruth said, “I hope we get through this, and get information that we’ve requested and we are legally entitled to as representative elected officials in Neosho.”

Davidson then spoke up, noting that the allegations and requests consistently insinuate that there is some letter from the St. Louis law firm that represented the city in the TDD litigation about the likelihood of the success of the city’s lawsuit or its appeal.

Davidson maintained that he had never seen such a letter, Hays and Royer both denied having seen it, so he called the St. Louis attorney Daniel Vogel.

“Mr. Vogel himself told me that there is no such letter,” he said.

Davidson said continued conversation disclosed that there never was a quoted likelihood of success, and he wanted that on the record.

Royer then commented that he came to the city to try to make a difference, and feels like great strides have been made in the past three years.

“It just saddens me to see this happen, because I, too, have had citizens come up to me and tell me it’s a circus,” he said. “I had one that came up and tell me that last week’s meeting all they were missing was the popcorn. And that’s insulting!”

Royer asserted that employees come to work for the city each day, and council members show up at city hall for meetings and legislative action.

Directed at Ruth and Hart, he said, “These are people’s careers. These are people’s jobs, it’s their livelihood and their income, and you just laugh it off and play it off like it’s something that’s just for fun and games, and that’s exactly what this is.

“You were never denied anything. I never denied you any requests. Never! And if I did, you prove it. And I just think this is sickening. You’ve got personal vendettas, why are you naming me and Nora? That’s crap. You were never denied anything. You name me for paying bills? Which is what my job is.”

Page 4 of 4 - Royer challenged Hart and Ruth to show him in council minutes where it says the city was to quit paying the Vogel law firm to continue TDD litigation, as is charged in the latest lawsuit. He closed, “It sickens me to see this, it has lowered the city employees’ morale.”

Hart overrode Royer’s final words, “It sickens me to see the way this city has been run for the last two years, it sickens me.”

Royer countered, “I just wish you’d think of the employees and the people you are affecting.”

Information about actions taken by Neosho City Council Tuesday will be published Thursday in the NDN.

New Neosho Meyer Ben Baker -- who the other Neosho Council-Critters voted in

.

Outgoing mayor Charles Collinsworth opened the regular session of the Neosho City Council on Tuesday.

The consent agenda and the minutes from the April 4 and April 6 meetings, both open and closed sessions, were approved. Two proclamations in appreciation of councilmen were presented by Collinsworth to David McCracken and Richard Davidson. In unfinished business, the council approved Bill 2017-842 canvassing the returns for the April 4 municipal election.

In closing remarks, Collinsworth told the council, “One thing I hoped this council would accomplish - and they did - was to have things quieter in Neosho. It’s been a good year. Let it be said I strove to have a peaceful year and to have any news come out about Neosho be good news.

“I want to thank all for their prayers, fellowship and the professionalism that existed in these chambers over the past year. I know you are all men of integrity. I am very excited to see what they will do in the coming year. I will still serve but in a different capacity. God bless and thank you.“

The meeting adjourned and reconvened. City clerk Rachel Holcomb administered the oath of office to newly elected council members Jon Stephens and Tom Workman. Holcomb then conducted the election of a mayor and a mayor pro tem.

Council member Ben Baker was nominated as mayor and the council voted unanimously to elect him as mayor. Current mayor pro pem Richard Davidson was also nominated and re-elected to continue serving in the same position.

“I want to say I appreciate the confidence of my peers,” Baker said. “It is an honor and truly humbling. My vision is to move forward with a strong city council.“

In visitor business, the council heard from local citizen Deborah Pisoni. She cited her concerns regarding a pit bulls residing next door to her property. She considers the animal to be vicious and says the situation has been ongoing. On Tuesday, Pisoni said she contacted Councilman William Doubek who suggested she call 911. Pisoni did so, but she found the response time unsatisfactory although both the Animal Control Officer and members of the Neosho Police Department responded. At the time of the meeting, Pisoni said the dog remained at large.

“I came to the meeting because something should be done,” she told the council. “I feel unsafe to even dig in my garden. I do not trust the dog at all and I shouldn’t be afraid to work in my yard.“

Baker said the council would follow up on the situation.

Updates from the Neosho Area Chamber of Commerce, a request for variance from the Lane Apartments in Neosho, and more were also covered. Details will appear in The Neosho Daily News.

The next regular session of the Neosho City Council will be held on Tuesday, May 2 in council chambers at Neosho City Hall.